Neuropathologist’s opinion is that Matthew Thomas died of bacterial sepsis

Defendant Adrian Thomas sits as opening statements are made in the his retrial for the alleged murder of his four-month old son in Rensselaer County Court in Troy, N.Y. on Thursday, May 28, 2014.
J.S. CARRAS - THE RECORD

TROY >> Testimony in Adrian Thomas’ retrial for murder is expected to wrap up Tuesday, when the defense’s third and final witness is scheduled to testify via Skype.

However, defense attorney Steven Coffey asked for the case to be dismissed on Friday, saying that the prosecution, which rested Thurday, failed to show evidence which supports the terms within their indictment.

Judge Andrew Ceresia, who also presided over Thomas’ initial trial, will rule on the issue Tuesday morning. The trial will not be in court Monday for scheduling reasons.

Thomas is charged with second-degree murder for the death of his four-month-old son, Matthew Thomas.

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Thomas was previously convicted on this charge, but the state Court of Appeals overturned the conviction earlier this year, ruling that Thomas’ confession to police could not be used because police used “patently coercive” lies.

Earlier in the trial, prosecutors called William Terry, who met Thomas in prison, to testify. He said that Thomas had confessed to bouncing the child on his bed to make him stop crying, then bouncing him harder before he fell onto the floor. It’s this action, prosecutors contend, which led to the infant’s head trauma and death.

But Coffey said even if Terry’s testimony were true, it did not constitute “utter disregard” and “depraved indifference” to human life.

“Can you say his conduct was reckless because he was bouncing a baby on a bed—just bouncing?” asked Coffey.

Prosecutors, however, have said that Thomas has shown indifference to Matthew and his twin brother, Malachi, from the time of their birth. The twins’ mother and Thomas’ ex-wife testified the defendant did not visit the prematurely born infants in the hospital, where they stayed about a month after they were born.

Rensselaer County Assistant District Attorney Kelly Egan said Thomas did not seek medical help for the child after the alleged incident. She also cited Terry, who testified that Thomas said he wasn’t concerned because he had another son to replace Matthew.

Dr. Jan Leestma, a neuropathologist from Chicago, testified Friday for the defense.

Leestma, who said he’s seen about 20,000 brains, analyzed slides and the child’s records, and said in his opinion, that Matthew died of bacterial sepsis, a full-body infection.

“This was a very, very sick kid,” he said.

Prosecutors contend he died from head trauma, which caused bleeding in the brain, or hematomas. Leesta, as other doctors have testified, also said there was bleeding in the brain, both new—within three days— and old—which Leestma said could have been from birth.

According to a radiologist who testified earlier in the trial, ultrasounds taken 10 days after Matthew’s birth show that he had no bleeding in the brain. Leestma said it could have been missed, as ultrasounds are not always accurate.

Assistant District Attorney Christa Book asked Leestma if the defendant’s alleged actions—bouncing the child on the bed until it fell to the floor—could have caused the infant’s death.

“That incident didn’t cause that—it could have caused bleeding,” said Leestma. Leestma said hematomas can re-bleed, and that rebleeding could have put the child over the edge and caused his death.